The bill amends the law regarding the offense of possession of drug paraphernalia in Arkansas. It reclassifies the penalties associated with such offenses, replacing the previous classification of a Class A misdemeanor and Class D felony with an unclassified misdemeanor system. Under the new provisions, the penalties vary based on the number of offenses within a ten-year period. For a first offense, the punishment includes a minimum of 24 hours to a maximum of one year in prison and a fine ranging from $150 to $1,000. Subsequent offenses increase the minimum imprisonment and fines, with a fourth or subsequent offense classified as an unclassified felony, carrying a prison term of one to six years and fines between $900 and $5,000.

The bill also specifies that for a second offense, the punishment includes a minimum of seven days to one year in prison and fines from $400 to $3,000, while a third offense results in a minimum of 90 days to one year in prison and fines from $900 to $5,000. This structured approach aims to provide a clearer framework for penalties related to drug paraphernalia possession, emphasizing the consequences of repeated offenses.

Statutes affected:
HB 1947: 5-64-443(a)